Court rules woman isn't liable for injuring boyfriend during sex

http://www.boston.com/news/local/massachusetts/articles/2005/05/16/court_rules_woman_isnt_liable_for_injuring_boyfriend_during_sex/

Court rules woman isn't liable for injuring boyfriend during sex
By Michael Kunzelman, Associated Press Writer | May 16, 2005

BOSTON --A woman isn't legally responsible for injuries her boyfriend suffered while they were having consensual sex more than a decade ago, a state appeals court ruled Monday. The man, identified only as John Doe in court papers, filed suit against the woman in 1997, claiming she was negligent when she suddenly changed positions, landed awkwardly on him and fractured his penis. The man underwent emergency surgery in September 1994, "endured a painful and lengthy recovery" and has suffered from sexual dysfunction that hasn't responded to medication or counseling, the appeals court said.

Although the woman may have exposed her boyfriend to "some risk of harm," the three-judge panel said her conduct during the sexual encounter wasn't "wanton or reckless" and can't support a lawsuit. The man's lawsuit already has been thrown out by judges in Salem District Court and Essex Superior Court. The appeals court upheld those rulings while noting that its ruling doesn't apply to cases where someone has negligently infected a partner with a sexually transmitted disease.

"There are no comprehensive legal rules to regulate consensual sexual behavior," Justice Joseph Trainor wrote. "In the absence of a consensus of community values or customs defining normal consensual conduct, a jury or judge cannot be expected to resolve a claim that certain consensual sexual conduct is undertaken without reasonable care."

The man's attorney, John Greenwood, said he is likely to appeal Monday's ruling to the state's highest court. "It's a case that hasn't been seen before in Massachusetts," he said. Greenwood argued that consensual sex doesn't mean "anything goes. ... The fact that some behavior was agreed to by the parties doesn't mean all behavior was agreed to by the parties."

more.....

It's that damn Boston Clique... yet again! :P

But I have invited all to a meet-up or three.

Was this at a DU meetup? :shrug:

:blush:

my mistake. sorry

There's not always dramatic pain, but it looks pretty impressive. I've only seen it once in my career in one of those professions people seek out when they do this to themselves (no, not a trial lawyer).

:)

Just some lovely spongy vessels that get flooded when Mr. Happy becomes expecting. :D

The girl's going to have to have any potential intimate aquaintances sign a waiver!

And I figure, hey, if you're gonna put it in someone else's body, you've given up your possession (so to speak) of it. If they move and take your penis with that movement, then, well, that's part of the risk of putting part of your body into someone else's.

of breaking your leg; it's more like a set of torn muscles.

Happened to a business associate of mine back in the late 1980s, and, believe me, you do NOT want to hear the details of the surgical process for doing a repair.

I didn't want to hear it either, but we were drinking, so I couldn't stop him telling me...Oh GOD DAMN, I'm getting phantom pains just remembering the conversation with that guy...

Redstone

and I bet it IS painful as hell.

Ouch!

"Hey, Jimbo, I threw out my shoulder!"

"Yeah, well, I threw out my penis!"

:rofl:

Harumph.

I have one, actually, but it would get this thread deleted. So I can't use it. Sorry! It rhymes, too. Oh well.

or PM it.

:-)

Kitty eater!

There I said it!

That's wonderful!!

And not at all offensive.

It's not about this topic.

would one need for this?????? LOL

or something? This is serious business. I had no idea.

too, so its really not such a big deal. Nothing to whine about...

American Bedrooms.:banghead:

could never get a full erection ever again.

you broke , you bought should apply since that poor sob is never gonna hook up again.

j/k

a very serious situation. I guess comedy is when it happens to someone else. Tragedy is when it happens to you.

screwing around on his wife. He had to go home and pretend there was nothing wrong. Apparently his wife had some idea, and her revenge was to inflict wild porn-worthy sex on him as often as possible.

I found out about this from the other woman (the penis-breaker) who thought the whole thing was funny as hell. I'm guessing he wasn't laughing.

for being made to even think about that happening? I may be mentally scared. Wait I am sure that happened before I read this post...never mind.

guys are so proud of this appendage that surely this "work related injury" would have spread around locker rooms throughout the world, and women would have been made to sign some type of release years ago.

That's a load of fun, lemme tell ya!

"Necrophilia? Oh, Yeah! Fuckin' the DEAD! I know ALL about that shit! I was MARRIED FOR FIFTEEN YEARS!!!!"-The Late Sam Kinnison

get over to the CSPAN schedule and contribute something worthy. I'm just kidding. Just stopped by to say :hi:

But someone has to do it.

:shrug:

Hey, if your sex isn't both "wanton" and "reckless," you're clearly not doing it properly!

to the term safe sex, don't you think?